- The whole house, according to the rules, can only have a say if the committee picked to probe the allegations finds the governor has a case to answer.
- The plenary does not even canvass or debate the merits or demerits of the allegations put forward by a county assembly.
Image: FILE
A provision in the Senate Standing Orders which bars the plenary from voting on a committee report acquitting a governor has triggered jitters among anti-Anne Waiguru forces.
The Standing Orders do not give the plenary any chance to have an input or make a final decision on a report by a select committee dismissing allegations for the impeachment of a governor.
The whole House, according to the rules, can only have a say if the committee of the 11 senators picked to probe the allegations delivers a case to answer verdict on the governor.
In fact, the plenary does not even canvass or debate the merits or demerits of the allegations put forward by a county assembly pushing for a governor's impeachment, with the report only being noted for the record.
“If the special committee reports that the particulars of any allegation against the governor have not been substantiated, no further action shall be taken under this section in respect of that allegation,” reads section 75(4 a) of the Senate Standing Orders.
However, if the special committee reports that the particulars of any allegation against the governor have not been substantiated the Senate shall, after according the governor an opportunity to be heard, vote on the charges.
Politicians and analysts who on Wednesday weighed in on the provision said it gives the committee sweeping powers to even clear a governor facing impeachment without any recourse to the House.
On Tuesday, the Senate voted 45-13 to approve a motion to establish the 11-member committee to investigate allegations against Waiguru in a stormy session roiled by political drama.
President Uhuru Kenyatta and Opposition chief Raila Odinga's hands loomed large as Waiguru won round one of her battle against impeachment.
This was despite concerns that the committee route was a scheme by pro-Waiguru agents to save the governor who was impeached by Kirinyaga MCAs on June 9.
Yesterday, Kakamega Senator Cleopas Malala, a key ally of Raila, was picked to chair the committee that will now hear allegations against Waiguru as her political enemies cried foul.
Senator Abshiro Halake (nominated) will be the vice chairperson while Michael Mbito (Trans Nzoia), Mwangi Githiomi (Nyandarua), Beth Mugo (nominated), Anuar Loitiptip (Lamu) and Philip Mpaayei of Kajiado are members.
Others are Beatrice Kwamboka (nominated), Stewart Madzayo (Kilifi), Judith Pareno (nominated) and Homa Bay’s Moses Kajwang’.
Waiguru is said to have met Raila last week to seek his support against the impeachment bid, resulting in the overwhelming support from ODM senators and those coalescing around the handshake.
Some Jubilee senators, particularly those allied to Ruto, have maintained that the plenary could have been the best option as a small team can be easily compromised.
Yesterday Kirinyaga Senator Charles Kibiru maintained that the people of his county would be denied justice as the die was cast to save Waiguru through the committee.
“The people of Kirinyaga believed that they would get justice if the plenary way was the option. It is said that they have lost it,” Kibiru told the Star.
The senator, a leading critic of Waiguru, warned that the matter would go full circle as MCAs are likely to impeach her again “given the miscarriage of justice.”
Already, the MCAs have protested against the committee route and have vowed to impeach the governor again after senators preferred the 11-member way.
Former Majority leader Kipchumba Murkomen argues that the committee route was the choice of those who wanted to “sanitise' Waiguru without giving the people of Kirinyaga justice.
"Senate sanitised and cleared the Governor of Kirinyaga. It’s done. Don’t wait for the committee’s decision,” the Elgeyo Marakwet senator said.
Murkomen had on Tuesday led a majority of allies of Deputy President William Ruto in pushing for the plenary way, arguing that it would be the best approach to deliver Justice to the Kirinyaga people.
Nakuru Senator Susan Kihika, another Ruto ally, suggested that impunity triumphed when senators voted in favour of the committee.
“The great people of Kirinyaga lost. With the Capitol Hill sanitisation committee justice will be a mirage! We tried our best but it was already predetermined with the night meetings,” Kihika claimed.
Political analyst Beuttah Omanga backed the committee route, saying it is the best option given the myriad of accusations leveled against the governor.
"She has been crying out that the assembly was compromised by external forces and driven by personal interests in their wards. She will be accorded a forum to defend herself and the assembly to also table its evidence for interrogation,"Omanga said.
Edited by Henry Makori